Saab & Anor v Saudi American Bank [1999] EWCA Civ 1756 (2 July 1999)

Saab & Anor v Saudi American Bank [1999] EWCA Civ 1756 (2 July 1999)

The fair order is for immediate assessment of costs relating to the jurisdiction issue, but no order for immediate payment; payment is to be deferred pending the outcome of any application for security for costs, with the commercial judge to determine the conditions for payment, including any requirement for security.

Citation
[1999] EWCA Civ 1756
Parties
Claimants/respondents: Saab & Anor; Defendant/appellant: Saudi American Bank
Jurisdiction
England and Wales
Judgment Date
02 July 1999
Procedural Posture
Appeal (civil) / Post Judgment Proceedings on Costs After Appeal From High Court
Outcome
Appeal dismissed; order for immediate assessment of costs, but payment deferred pending security for costs application.
Legal Topics
Costs, Jurisdiction, Security for Costs, Assessment of Costs
Civil Procedure Costs Jurisdiction Security for Costs Assessment of Costs

Case Brief

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Parties

Saab & Anor

Claimants/respondents

Saudi American Bank

Defendant/appellant

Procedural Posture

Appeal (civil) / Post Judgment Proceedings on Costs After Appeal From High Court

Legal Issues

  1. 1 Whether costs relating to the jurisdiction issue should be assessed and/or paid forthwith
  2. 2 Whether security for costs should be required before payment of assessed costs
  3. 3 Appropriate timing and conditions for payment of costs in interlocutory disputes

Ratio Decidendi

The fair order is for immediate assessment of costs relating to the jurisdiction issue, but no order for immediate payment; payment is to be deferred pending the outcome of any application for security for costs, with the commercial judge to determine the conditions for payment, including any requirement for security.

Court Disposition

Appeal dismissed; order for immediate assessment of costs, but payment deferred pending security for costs application.

Orders

  • Costs relating to the jurisdiction issue to be assessed forthwith.
  • No order for immediate payment of costs at this stage.